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Conflict of Laws Commons™

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Yeshiva University, Cardozo School of Law

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Full-Text Articles in Conflict of Laws

Fireside Chat: When Bankruptcy Meets Mediation, Heyman Center On Corporate Governance, Kukin Program For Conflict Resolution Oct 2026

Fireside Chat: When Bankruptcy Meets Mediation, Heyman Center On Corporate Governance, Kukin Program For Conflict Resolution

2026–2027 Flyers

What happens when billions of dollars, thousands of stakeholders, and a company’s future are at risk?

Join us to explore the role mediation can play when the stakes are enormous, the parties are numerous, and the path to resolution is anything but straightforward.


The Kukin Program For Conflict Resolution Presents: Before You Sign, Kukin Program For Conflict Resolution, Gretchen Carlson, Julie Roginsky Apr 2026

The Kukin Program For Conflict Resolution Presents: Before You Sign, Kukin Program For Conflict Resolution, Gretchen Carlson, Julie Roginsky

2026 Event Invitations

Join Gretchen Carlson and Julie Roginsky, co-founders of Lift Our Voices, for a lunchtime discussion on workplace fairness and the hidden impact of nondisclosure agreements and forced arbitration clauses.

The event includes launch of the Lift Our Voices LOV Where You Work AI Tool, an innovative platform that empowers employees to understand what they’re signing before it’s too late. By translating dense legal language in NDAs and forced arbitration clauses into plain English, the tool brings hidden terms to the forefront.

Bring your own employment contract to the event and put the tool to the test.


The Kukin Program For Conflict Resolution Invites You To: The Dispute Resolution Educators Colloquium, Kukin Program For Conflict Resolution, Benjamin N. Cardozo School Of Law Apr 2026

The Kukin Program For Conflict Resolution Invites You To: The Dispute Resolution Educators Colloquium, Kukin Program For Conflict Resolution, Benjamin N. Cardozo School Of Law

2026 Event Invitations

This event brings dispute resolution educators—faculty, adjuncts, clinicians, and trainers—together for a day of community, learning, conversation, creativity, and mutual support. The program will feature demonstrations of innovative teaching methods, conversations around hot educational topics, the annual Dispute Resolution Teachers Resource Share, and more.


The International Advocate For Peace Award Ceremony And Reception, Kukin Program For Conflict Resolution, Cardozo Journal Of Conflict Resolution, George E. Moore Apr 2026

The International Advocate For Peace Award Ceremony And Reception, Kukin Program For Conflict Resolution, Cardozo Journal Of Conflict Resolution, George E. Moore

2026 Event Invitations

April 16: 6 p.m. – 8:30 p.m.

The Cardozo Journal of Conflict Resolution will honor Ambassador George Moose, as the 25th recipient of the International Advocate for Peace Award. Ambassador Moose has served as U.S. Ambassador to the Republic of Benin and to the Republic of Senegal eventually ascending to the role of Assistant Secretary of African Affairs and U.S. Permanent Representative to the European Office of the United Nations in Geneva. Between 2007- 2025 Ambassador Moose held leadership positions at the United States Institute of Peace, ultimately leading the organization as CEO.

April 17: 8:30 a.m. – 4:30 p.m. …


Pizza And Planning Learn About The Adr Certificate, Kukin Program For Conflict Resolution Mar 2026

Pizza And Planning Learn About The Adr Certificate, Kukin Program For Conflict Resolution

2026 Event Invitations

Are you interested in earning a Certificate in Dispute Resolution? Join us for lunch to learn more and plan your path.

Students will have the opportunity to:

• Learn about ADR courses

• Ask questions about the Certificate requirements

• Get guidance on planning their coursework

• Connect with faculty and other students interested in dispute resolution


Mediateart Training, Kukin Program For Conflict Resolution, Cardozo Fame Center, Volunteer Lawyers For The Arts Feb 2026

Mediateart Training, Kukin Program For Conflict Resolution, Cardozo Fame Center, Volunteer Lawyers For The Arts

2026 Event Invitations

VLA's MediateArt Training Program is a two-day intensive workshop of basic mediation training for attorneys, artists, arts administrators, and other professionals with an interest or background in the arts.

Participants will learn effective mediation skills, particularly as they relate to art-related issues, through observing mock-mediations, engaging in mediation simulations, and receiving feedback from program faculty. The workshop will focus on "deal mediation" negotiation, facilitative leadership skills, and resolution of disputes without resorting to litigation.

Following completion of the program, participants will be eligible to take part as mediators in VLA's MediateArt Program as matters arise.


The Next Century Of Challenges For The Faa, Cardozo Journal Of Conflict Resolution (Cjcr) Nov 2025

The Next Century Of Challenges For The Faa, Cardozo Journal Of Conflict Resolution (Cjcr)

2025–2026 Flyers

As the Federal Arbitration Act (FAA) enters its second century, arbitration remains one of the most contested areas of modern dispute resolution. Praised for efficiency and accessibility, it is also challenged for issues of fairness, transparency, and equity. This year’s Melnick Symposium will explore how arbitration must evolve to meet the demands of justice in the decades ahead.

By addressing this theme, the Symposium seeks to imagine what the FAA’s next century should look like and how arbitration can become a more equitable, inclusive, and effective system of justice.


Navigating The Complex Landscape Of Surrogacy: What Mediators Need To Know, Kukin Program For Conflict Resolution, Family And Divorce Mediation Council Nov 2025

Navigating The Complex Landscape Of Surrogacy: What Mediators Need To Know, Kukin Program For Conflict Resolution, Family And Divorce Mediation Council

2025 Event Invitations

Join legal experts Rebecca L. Mendel, Esq. and Denise E. Seidelman, Esq.—key drafters of New York’s Child Parent Security Act (CPSA)—for a thought-provoking CLE program examining how the CPSA revolutionized reproductive rights by legalizing compensated surrogacy. This session will delve into the law’s far-reaching impact on parental rights, ethical decision-making in assisted reproductive technology (ART), and the mediator’s role in navigating surrogacy agreements and related disputes.


Dismantling Hate: The Power Of Dialogue, Kukin Program For Conflict Resolution, Tamara Meyer, Arno Michaelis, Daryl Davis Oct 2025

Dismantling Hate: The Power Of Dialogue, Kukin Program For Conflict Resolution, Tamara Meyer, Arno Michaelis, Daryl Davis

2025 Event Invitations

Join us for an inspiring conversation with three extraordinary individuals who have turned painful histories into catalysts for change:

  • Tamara Meyer – daughter of German Jewish Holocaust survivors who now builds dialogue and healing across generational trauma
  • Arno Michaelis – former leader in the White nationalist movement, who now works to prevent radicalization and promote compassion
  • Daryl Davis – Black musician and racial justice advocate known for fostering friendships with members of the Ku Klux Klan, confronting hate with curiosity


Documentary Screening Centered: Joe Lieberman, Kukin Program For Conflict Resolution, Rachel Greenberg, Clarine Nardi Riddle, Matt Lieberman Sep 2025

Documentary Screening Centered: Joe Lieberman, Kukin Program For Conflict Resolution, Rachel Greenberg, Clarine Nardi Riddle, Matt Lieberman

2025 Event Invitations

Join us for a special screening of a documentary focusing on the life and career of the late Senator Joe Lieberman.

Centered brings to life the remarkable journey of Joe Lieberman, the late Senator who made history as the first Jewish Vice-Presidential candidate—and nearly changed the course of American politics. Ever a trailblazer, Lieberman was known for his humor, his independence, and for prioritizing what he believed to be right — sometimes earning the ire of his longtime colleagues. In an era where the political divide seems wider than ever, Lieberman’s story is more urgent and relevant every day. The …


Kukin Program For Conflict Resolution Presents The Documentary Screening Of Centered: Joe Lieberman, Kukin Program For Conflict Resolution Sep 2025

Kukin Program For Conflict Resolution Presents The Documentary Screening Of Centered: Joe Lieberman, Kukin Program For Conflict Resolution

2025–2026 Flyers

In an era where the pollical divide seems wider than ever, Lieberman's story is more urgent and relevant every day. The film explores this life a career in ways that challenge to think about the future of democracy and how we can find ways to work together. No matter our differences.


Dispute Resolution: Why Ireland Works For International Business Law, Kukin Program For Conflict Resolution, Hon. Loretta A. Preska, Hon Justice David Barniville, Sarah Murphy, Matthew York, Simone K. Lelchuk Sep 2025

Dispute Resolution: Why Ireland Works For International Business Law, Kukin Program For Conflict Resolution, Hon. Loretta A. Preska, Hon Justice David Barniville, Sarah Murphy, Matthew York, Simone K. Lelchuk

2025 Event Invitations

As international commerce becomes increasingly complex, the choice of forum and governing law is more critical than ever. This distinguished panel will explore how Ireland’s legal system - confidential and cost-effective and can provide businesses with efficient dispute resolution without lengthy court processes - offers a compelling and reliable jurisdiction for international dispute resolution.


"Baby-Steps For Baby Business": Diverse Market, Challenges, And Workable International Regulation For Cross-Border Commercial Surrogacy, Ellene Ko Jan 2025

"Baby-Steps For Baby Business": Diverse Market, Challenges, And Workable International Regulation For Cross-Border Commercial Surrogacy, Ellene Ko

Cardozo International & Comparative Law Review

The note examines the rapid growth of transnational commercial surrogacy as a multibillion-dollar industry, driven by assisted reproductive technologies and fertility tourism. It highlights the legal conflicts and challenges arising from the patchwork of international surrogacy regulations, including issues of citizenship, exploitation, and enforcement of cross-border contracts. The analysis advocates for an international convention to establish a clear legal framework for transnational surrogacy, emphasizing the need for shared responsibility between global and national oversight bodies to prevent exploitation and ensure ethical practices.


Is Mediation A Sleeping Beauty, Cardozo Journal Of Conflict Resolution Nov 2024

Is Mediation A Sleeping Beauty, Cardozo Journal Of Conflict Resolution

2024–2025 Flyers

No abstract provided.


Please Join Us At Cardozo School Of Law For A Weekend Of Kukin Program Events!, Kukin Program For Conflict Resolution Nov 2024

Please Join Us At Cardozo School Of Law For A Weekend Of Kukin Program Events!, Kukin Program For Conflict Resolution

2024 Event Invitations

  • A Peace Gala in Honor of Professor Lela P. Love
  • The Cardozo Journal of Conflict Resolution Melnick Symposium
  • The Cardozo Invitational Negotiation in Entertainment Arts and Media (CINEMA)

Join us for a dinner celebration in honor of Professor Love, Founding Director of the Kukin Program for Conflict Resolution. In 1985, she founded Cardozo's Mediation Clinic—one of the first clinical programs to train law students to serve as mediators. Love has served as mediator, arbitrator and dispute resolution consultant in community, employment, family, human rights, school-based and commercial cases. An active educator and participant in dispute resolution activities, she regularly conducts …


Cjcr Publishes Volume 25, Issue 3 (Summer 2024), Jane Perov Sep 2024

Cjcr Publishes Volume 25, Issue 3 (Summer 2024), Jane Perov

Cardozo Journal of Conflict Resolution (CJCR) Blog

The Cardozo Journal of Conflict Resolution—the country’s preeminent legal journal of arbitration, negotiation, mediation, settlement, and restorative justice—today published the web edition of Volume 25, Issue 3 (Summer 2024). The print edition of the issue has also been released.

Accessible at Volume 25.3: Summer 2024, this issue contains Articles by Rachel Ringort, Ayelet Sela, Roselle L. Wissler, and Art Hinshaw, and Notes by Shifra Ben-Jacob, Eliott Dosetareh, Daniel Hyungtae Kim, and Jillian Leavey.

The print edition of the issue has also been released. This post was originally published on the Cardozo Journal of Conflict Resolution website on September 4, 2024.


"Those Were Just Demos And Never Intended To Be Heard By The Public", Ryan Whyte Jan 2024

"Those Were Just Demos And Never Intended To Be Heard By The Public", Ryan Whyte

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Rethinking Party Autonomy In Trust Law, Stewart E. Sterk May 2023

Rethinking Party Autonomy In Trust Law, Stewart E. Sterk

Articles

The article critiques the current approach to party autonomy in trust law, particularly the freedom granted by the Second Restatement of Conflict of Laws for settlors to choose the governing law for their trusts. The author argues that this freedom, rooted in historically uniform trust laws, is now outdated due to the diversification of state trust laws, especially regarding issues like perpetual trusts and asset protection. The analysis advocates for a more restrictive approach to party autonomy, prioritizing the settlor's domicile and home state policies to prevent manipulation and ensure fairness, particularly for third parties affected by trust arrangements.


Kukin Program For Conflict Resolution Proudly Present: All Things Adr, Cardozo Adr Competition Honor Society, Cardozo Dispute Resolution Society, Cardozo Journal Of Conflict Resolution, Kukin Program For Conflict Resolution Feb 2023

Kukin Program For Conflict Resolution Proudly Present: All Things Adr, Cardozo Adr Competition Honor Society, Cardozo Dispute Resolution Society, Cardozo Journal Of Conflict Resolution, Kukin Program For Conflict Resolution

2022–2023 Flyers

No abstract provided.


Conflicting Limitation Periods: A Comparison Between Hong Kong And Mainland China, Alan Gibb, King Fung Tsang Oct 2021

Conflicting Limitation Periods: A Comparison Between Hong Kong And Mainland China, Alan Gibb, King Fung Tsang

Cardozo International & Comparative Law Review

The article examines the conflicting approaches to limitation periods in private international law between Hong Kong and Mainland China. It highlights the complexities arising from Hong Kong's traditional common law approach, which characterizes limitation periods as procedural, and Mainland China's structured approach, which treats them as substantive. The article advocates for legislative reform in Hong Kong to adopt a more modern approach, aligning with international practices and reducing forum shopping and legal uncertainty.


Striking The Balance Between Contractual Rights And Obligations: Restructured Contract Law In The Newly Enacted Chinese Civil Code, Mo Zhang Oct 2021

Striking The Balance Between Contractual Rights And Obligations: Restructured Contract Law In The Newly Enacted Chinese Civil Code, Mo Zhang

Cardozo International & Comparative Law Review

Contract legislation in China experienced a significant change as a result of the Civil Code's enactment in 2020. With a focus on civil rights and private interests, contract law and other areas of law are expected to help promote the development of a rights-based society under the Civil Code-a much wanted shift from the traditionally obligation-based society. In this context, the Civil Code is hailed in China as a milestone in the country's legal landscape.

The Civil Code consolidated the 1999 Contract Law with judicial practices and restructured the legal framework governing contracts by modifying or adding provisions aimed at …


The Mysterious Market For Post-Settlement Litigant Finance, Ronen Avraham, Lynn A. Baker, Anthony J. Sebok Sep 2021

The Mysterious Market For Post-Settlement Litigant Finance, Ronen Avraham, Lynn A. Baker, Anthony J. Sebok

Articles

Litigant finance is a growing and increasingly controversial industry in which financial firms advance a plaintiff money in exchange for ownership rights in the proceeds of the legal claim on a nonrecourse basis: A plaintiff must repay the advance only if compensation is ultimately received for the legal claim. The nonrecourse nature of this funding exempts it from most states’ consumer credit laws, enabling funders to charge higher interest and fees than would otherwise be permitted. When this funding involves ordinary consumers, critics of the industry contend that the uncapped interest rates exploit vulnerable litigants, while its defenders argue that …


How Do You Know It Was Me? A Case Comment On Cobbler Nevada, Llc V. Gonzales, David T. Frankel May 2021

How Do You Know It Was Me? A Case Comment On Cobbler Nevada, Llc V. Gonzales, David T. Frankel

Cardozo Law Review

No abstract provided.


The Mdl Revolution And Consumer Legal Funding, Ronen Avraham, Lynn A. Baker, Anthony J. Sebok Apr 2021

The Mdl Revolution And Consumer Legal Funding, Ronen Avraham, Lynn A. Baker, Anthony J. Sebok

Articles

Third-party consumer legal funding, where financial companies advance money on a nonrecourse basis to assist individual plaintiffs with living expenses, is an increasingly popular and controversial part of American litigation. And consumers with mass tort claims pending in Multi-District Litigations (MDLs) constitute the fastest growing sector of those seeking assistance from this billion-dollar funding industry. Policy makers, mass tort plaintiffs' lawyers, and scholars have increasingly raised concerns about exorbitant interest rates and have called for regulations to protect vulnerable consumers from “predatory lending.” To date, however, the policy debate has largely relied on anecdotes and speculation because flinders have not …


New Kid On The Block: An Introduction To The Hague Rules On Business And Human Rights Arbitration, Bhavya Mahajan Jan 2021

New Kid On The Block: An Introduction To The Hague Rules On Business And Human Rights Arbitration, Bhavya Mahajan

Cardozo Journal of Conflict Resolution

In the medieval European states, Lex Mercatoria, literally "Merchant Law," was a prevalent custom, which developed out of the norms and needs of the market and influenced the transborder trade practices among merchants. For redressal of trade-related disputes, arbitration was the popular method and the merchants elected their own judges in the courts of arbitration that they established. These courts developed a reputation for swift resolution of disputes using high moral standards. Non-compliance with practiced norms, or with the arbitral decisions of the courts, would solidify pariah status for the defaulting merchant in the trading community. Gradually, with the …


From The Frying Pan To The Fire: Scotus’ Fsia Inaction As Further Permitting Executive Branch Intervention In “Takings Exception” Cases And Its Consequences In Forcing Holocaust Plaintiffs To Return To Europe, Richard H. Weisberg Jan 2021

From The Frying Pan To The Fire: Scotus’ Fsia Inaction As Further Permitting Executive Branch Intervention In “Takings Exception” Cases And Its Consequences In Forcing Holocaust Plaintiffs To Return To Europe, Richard H. Weisberg

Articles

The Supreme Court of the United States (“SCOTUS”) very recently punted and left wide a circuit split on a key question under the Foreign Sovereign Immunities Act (“FSIA”): Do plaintiff Holocaust victims need to return to the country that wronged them in order to proceed in a United States federal court that otherwise had jurisdiction over their claims? While sending down unresolved a conflict between the D.C. and Seventh Circuits, in a companion case also involving Holocaust victims, SCOTUS essentially ended an action against Germany by taking the strong suggestion of the Executive Branch through its Solicitor General that a …


Redeeming Globalization Through Unfair Competition Law, Sean A. Pager, Eric Priest Aug 2020

Redeeming Globalization Through Unfair Competition Law, Sean A. Pager, Eric Priest

Cardozo Law Review

No abstract provided.


The United Nations Commission On International Trade Law (Uncitral) And The Significance Of The Singapore Convention On Mediation, Corinne Montineri Jan 2019

The United Nations Commission On International Trade Law (Uncitral) And The Significance Of The Singapore Convention On Mediation, Corinne Montineri

Cardozo Journal of Conflict Resolution

This paper outlines how the UNCITRAL drafting process that produced the Singapore Convention on Mediation functions within the United Nations and explains the significance of the Singapore Convention for the United Nations and for promoting cross-border trade and investment.


The New Singapore Mediation Convention: The Process And Key Choices, Hal Abramson Jan 2019

The New Singapore Mediation Convention: The Process And Key Choices, Hal Abramson

Cardozo Journal of Conflict Resolution

This article presents the backstory of the New Singapore Mediation Convention, which is really two stories: one on the multiparty negotiation process that produced the Convention and one on the substantive choices in the Convention. The two stories also illustrate the relationship between a well-designed process and result.


The Singapore Convention Is Live, And Multilateralism, Alive!, Natalie Y. Morris-Sharma Jan 2019

The Singapore Convention Is Live, And Multilateralism, Alive!, Natalie Y. Morris-Sharma

Cardozo Journal of Conflict Resolution

No abstract provided.